Trump

Democratic wins nationwide, a major rebuke of Trump, offer the left hope for 2026

At the top of his victory speech at a Brooklyn theater late Tuesday, Zohran Mamdani — the 34-year-old democratic socialist just elected New York’s next mayor — spoke of power being gripped by the bruised and calloused hands of working Americans, away from the wealthy elite.

“Tonight, against all odds, we have grasped it,” he said. “The future is in our hands.”

The imagery was apropos of the night more broadly — when a beaten-down Democratic Party, still nursing its wounds from a wipeout by President Trump a year ago, forcefully took back what some had worried was lost to them for good: momentum.

From coast to coast Tuesday night, American voters delivered a sharp rebuke to Trump and his MAGA movement, electing Democrats in important state and local races in New York, New Jersey and Virginia and passing a major California ballot measure designed to put more Democrats in Congress in 2026.

The results — a reversal of the party’s fortunes in last year’s presidential election, when Trump swept the nation’s swing states — arrived amid deep political division and entrenched Republican power in Washington. Many voters cited Trump’s agenda, and related economic woes, as motivating their choices at the ballot box.

The wins hardly reflected a unified Democratic Party nationally, or even a shared left-wing vision for a future beyond Trump. If anything, Mamdani’s win was a challenge to the Democratic Party establishment as much as a rejection of Trump.

His vision for the future is decidedly different than that of other, more moderate Democrats who won elsewhere in the country, such as Abigail Spanberger, the 46-year-old former CIA officer whom Virginians elected as their first female governor, or Mikie Sherrill, the 53-year-old former Navy helicopter pilot and federal prosecutor who won the race for New Jersey governor.

Still, the cascade of victories did evoke for many Democrats and progressives a political hope that they hadn’t felt in a while: a sense of optimism that Trump and his MAGA movement aren’t unstoppable after all, and that their own party’s ability to resist isn’t just alive and well but gaining speed.

“Let me underscore, it’s been a good evening — for everybody, not just the Democratic Party. But what a night for the Democratic Party,” Gov. Gavin Newsom said during his own remarks on the national wins. “A party that is in its ascendancy, a party that’s on its toes, no longer on its heels.”

“I hope it’s the first of many dominoes that are going to happen across this country,” Noah Gotlib, 29, of Bushwick said late Tuesday at a victory party for Mamdani. “I hope there’s a hundred more Zohrans at a local, state, federal level.”

On a night of big wins, Mamdani’s nonetheless stood out as a thunderbolt from the progressive left — a full-throated rejection not just of Trump but of Mamdani’s mainstream Democratic opponent in the race: former Gov. Andrew Cuomo.

Mamdani — a Muslim, Ugandan-born state assemblyman of Indian descent — beat Cuomo first in the Democratic ranked-choice primary in June. Cuomo, bolstered by many of New York’s moneyed interests afraid of Mamdani’s ideas for taxing the rich and spending for the poor, reentered the race as an independent.

Trump attacked Mamdani time and again as a threat. He said Monday that he would cut off federal funding to New York if Mamdani won. He even took the dramatic step of endorsing Cuomo over Curtis Sliwa, the Republican in the race, in a last-ditch effort to block Mamdani’s stunning political ascent.

Instead, city voters surged to the polls and delivered Mamdani a resounding win.

“To see him rise above all of these odds to actually deliver a vision of something that could be better, that was what really attracted me to the [Democratic Socialists of America] in the first place,” said Aminata Hughes, 31, of Harlem, who was dancing at an election-night party when Mamdani was announced the winner.

“A better world is possible,” the native New Yorker said, “and we’re not used to hearing that from our politicians.”

In trademark Trump fashion, the president dismissed the wins by his rival party, suggesting they were a result of two factors: the ongoing federal shutdown, which he has blamed on Democrats, and the fact that he wasn’t personally on people’s ballots.

Stephen Miller, one of Trump’s chief advisors, posted a paragraph to social media outlining the high number of mixed-status immigrant families in New York being impacted by the Trump administration’s immigration crackdown and mass deportation campaign, which Miller has helped lead.

Democrats in some ways agreed. They pointed to the shutdown and other disruptions to Americans’ safety and financial security as motivating the vote. They pointed to Trump’s immigration tactics as being an affront to hard-working families. And they pointed to Trump himself — not on the ballot but definitely a factor for voters, especially after he threatened to cut off funds to New York if the city voted for Mamdani again.

“President Trump has threatened New York City if we dare stand up to him. The people of New York came together and we said, ‘You don’t threaten New York,’” said Rep. Alexandria Ocasio-Cortez (D-N.Y.). “We’re going to stand up to bullies and thugs in the White House.”

“Today we said ‘no’ to Donald Trump and ‘yes’ to democracy,” New Jersey Democratic Chair LeRoy J. Jones Jr. told a happy crowd at Sherrill’s watch party.

“Congratulations to all the Democratic candidates who won tonight. It’s a reminder that when we come together around strong, forward-looking leaders who care about the issues that matter, we can win,” former President Obama wrote on social media. “We’ve still got plenty of work to do, but the future looks a little bit brighter.”

In addition to winning the New York mayoral and New Jersey and Virginia gubernatorial races, Democrats outperformed Republicans in races across the country. They held several seats on the Pennsylvania Supreme Court, and won the Virginia attorney general’s race. In California, voters passed Proposition 50, a ballot measure giving state Democrats the power to redraw congressional districts in their favor ahead of next year’s midterms.

Newsom and other Democrats had made Proposition 50 all about Trump from the beginning, framing it as a direct response to Trump trying to steal power by convincing red states such as Texas to redraw their own congressional lines in favor of Republicans.

Trump has been direct about trying to shore up Republicans’ slim majority in the House, to help ensure they retain power and are able to block Democrats from thwarting his agenda. And yet, he has suggested California’s own redistricting effort was illegal and a “GIANT SCAM” under “very serious legal and criminal review.”

Trump had also gone after several of the Democrats who won on Tuesday directly. In addition to Mamdani, Trump tried to paint Spanberger and Sherrill as out-of-touch liberals too, attacking them over some of his favorite wedge issues such as transgender rights, crime and energy costs. Similar messaging was deployed by the candidates’ Republican opponents.

In some ways, Trump was going out on a political limb, trying to sway elections in blue states where his grip on the electorate is smaller and his influence is often a major motivator for people to get out and vote against him and his allies.

His weighing in on the races only added to the sense that the Democrats’ wins marked something bigger — a broader repudiation of Trump, and a good sign for Democrats heading into next year’s midterms.

Marcus LaCroix, 42, who voted for Proposition 50 at a polling site in Lomita on Tuesday evening, described it as “a counterpunch” to what he sees as the excesses and overreach of the Trump administration, and Trump’s pressure on red states to redraw their lines.

“A lot of people are very concerned about the redistricting in Texas,” he said. “But we can actually fight back.”

Ed Razine, 27, a student who lives in the Bed-Stuy neighborhood of Brooklyn, was in class when he heard Mamdani won. Soon, he was celebrating with friends at Nowadays, a Bushwick dance club hosting an election watch party.

Razine said Mamdani’s win represented a “new dawn” in American politics that he hopes will spread to other cities and states across the country.

“For me, he does represent the future of the Democratic Party — the fact that billionaires can’t just buy our election, that if someone really cares to truly represent the everyday person, people will rise up and that money will not talk,” Razine said. “At the end of the day, people talk.”

The Associated Press and Times staff writer Connor Sheets contributed to this report.

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Trump says Mamdani must ‘respect’ Washington, wants New York to succeed | Politics News

Mayor-elect of New York says he will not mince words on Trump, but ‘door open’ to dialogue.

United States President Donald Trump has suggested that he is open to assisting New York Mayor-elect Zohran Mamdani, but warned that the trailblazing democratic socialist will need to be “respectful” of Washington to succeed.

Trump made the comments on Wednesday as Mamdani announced his transition team following his historic election as the first Muslim and first South Asian mayor of the US’s largest city.

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Responding to Mamdani’s victory night remarks pledging to stand up to Trump, the US president described the mayor-elect’s comments as a “dangerous statement”.

“He has to be a little bit respectful of Washington, because if he’s not, he doesn’t have a chance of succeeding,” Trump said in an interview with Fox News’ Bret Baier.

“And I want to make him succeed. I want to make the city succeed,” Trump added, before quickly clarifying that he wanted New York City, not Mamdani, to succeed.

Earlier on Wednesday, Trump suggested that his administration would “help” the new mayor, even as he branded him a “communist”.

“The communists, Marxists, and globalists had their chance, and they delivered nothing but disaster, and now let’s see how a communist does in New York. We’re going to see how that works out,” Trump said in a speech to the American Business Forum in Miami, Florida.

“We’ll help him, we’ll help him. We want New York to be successful. We’ll help him a little bit, maybe.”

Trump railed against Mamdani in the run-up to Tuesday’s mayoral election in New York, describing him as a “communist lunatic” and threatening to cut off federal funding to the city if he won the race.

Mamdani, whose platform includes free universal childcare, free buses, and government-run grocery stores, has rejected the communist label, describing himself as a democratic socialist.

While Mamdani will be responsible for governing a city of about 8.5 million people, his election has been widely seen as having implications nationwide amid the Democratic Party’s struggles to reconcile its centrist and progressive factions and effectively counter Trump.

In his victory speech, Mamdani cast his election as a model for how to defeat Trump, addressing the TV-loving president directly by telling him to “turn the volume up”.

In a speech laying out his priorities on Wednesday, Mamdani, who is set to take office on January 1, reiterated his determination to oppose Trump, while also indicating his willingness to engage with the administration.

“I will not mince my words when it comes to President Trump,” the mayor-elect said.

“I will continue to describe his actions as they are, and I will also always do so while leaving a door open to have that conversation.”

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Will these six California GOP House members survive new districts?

California Republicans in Congress are vastly outnumbered by their Democratic counterparts in the state — and it may get worse.

Five of the nine GOP seats are at risk after California voters passed Proposition 50 in Tuesday’s special election. The measure, put on the ballot by the Democratic-led state Legislature, reshaped California congressional districts in a way that was specifically designed to unseat Republican incumbents.

The new maps target areas held by Reps. Kevin Kiley and Doug LaMalfa in Northern California, Rep. David Valadao in the Central Valley, and Reps. Ken Calvert, Young Kim and Darrell Issa in Southern California. The radical reconfiguration not only put Republicans in danger, but probably protects vulnerable Democratic officeholders by adding more voters from their own party into their reconfigured districts.

Already, California’s Republican members hold just nine seats in the U.S. House of Representatives, while Democrats have 43.

Proposition 50’s passage also sets off an intraparty fight for a newly created Republican seat in Riverside and Orange counties, which will pit two GOP incumbents against one another — Calvert of Corona and Kim of Anaheim Hills — knocking one of them out of office. Calvert and Kim on Wednesday announced they planned to run for that seat.

“With the passage of Prop. 50, Californians were sold a bill of goods, allowing [Gov.] Gavin Newsom and his radical allies in Sacramento an unprecedented power grab to redraw the Congressional map and silence those who disagree with his extreme policies,” Calvert said in a statement.

Newsom and other Democratic leaders argue that redistricting, which normally happens once a decade by an independent commission, was necessary after GOP leaders in Texas redrew their own congressional districts — at the request of President Trump — in a bid to add more seats for their party and retain Republican control of the House.

The passage of Proposition 50 will boost Democratic efforts to win control of the House after the 2026 election, a victory that likely would stifle parts of Trump’s agenda and open the president and his administration to a litany of congressional investigations.

Proposition 50 is expected to exacerbate the political isolation that millions of Republicans in California already feel, especially in the state’s vast northern and inland territories, and conservative suburban enclaves.

Trump won 38% of the presidential vote in California last year. About a quarter of the state’s registered voters are Republicans. Yet, Democrats have held every statewide office since 2011, and have an iron grip on the California congressional delegation.

Some California Republicans may be left asking: “Who in Congress is representing our views and who do we turn to?” said Mark Baldassare, survey director of the nonpartisan Public Policy Institute of California.

Cook Political Report, which tracks elections, changed 11 California congressional district race ratings Tuesday, with all but one district moving in Democrats’ favor.

Political consultant Rob Stutzman remains skeptical that Democrats will win all five congressional seats targeted by Newsom in the 2026 midterm elections. Some of the GOP representatives have deep roots in the community and have survived past challenges by Democrats, Stutzman said.

Newsom and others “may have overpromised what Prop. 50 could do,” Stutzman said.

Here are the top six Republicans whose districts were changed by Proposition 50 and who may find their political future at risk.

Rep. Doug LaMalfa (R-Richvale)

In Northern California, LaMalfa appears likely to run in one of two redesigned districts: One that stretches toward Mendocino National Forest and south toward Santa Rosa, or another that runs along the Oregon border and down the coast to the San Francisco Bay Area.

His current district, which spreads across the deeply conservative northeast corner of California to the Sacramento suburbs, was carved up by Proposition 50 and replaced with three districts that favor Democrats.

Map shows the new boundary of the first congressional district, which is located north of Sacramento and includes Chico. The district is composed of areas from former first, second, third and fourth congressional districts.

“They’re not going to kidnap my district here without a battle,” LaMalfa, 65, said Tuesday.

Democrats running for Congressional District 1’s seat — the seat that includes Mendocino National Forest — include Audrey Denney, an education director who unsuccessfully challenged LaMalfa in 2018 and 2020.

Rep. Kevin Kiley (R-Rocklin)

Kiley’s new district takes in neighborhoods in and around Sacramento, pulling in Democratic voters and losing former Republican communities along the Nevada border.

Map shows the new third congressional district boundary near Sacramento. The new is composed of parts of the former third, sixth and seventh districts.

He hasn’t said which district he’ll seek.

“My current district is split six different ways,” Kiley, 40, said Wednesday. “In that sense, I have a lot of options.”

On Tuesday night, he promised to “work across party lines to find a national solution to the age-old plague of gerrymandering, and in particular, to the more recent affliction of mid-decade gerrymandering.”

Rep. David Valadao (R-Hanford)

Valadao’s predominantly Latino district in the Central Valley extends north post-Proposition 50, gaining more registered Democrats.

Map shows the boundary of the new 22nd congressional district, which is located near Fresno. The new district is composed of some of the former 13th and 22nd congressional districts.

Still, more Democratic voters doesn’t necessarily translate to a Democratic victory, given the conservative attitudes in the region. A dairy farmer, Valadao, 48, has survived past challenges, in part due to poor turnout among Democrats and his popularity among moderate voters in the Central Valley.

Among those who have announced their intention to challenge Valadao is Visalia school board trustee Randy Villegas, a Democrat.

Valadao was among the few Republicans who voted to impeach President Trump following the Jan. 6, 2021, attack on the U.S. Capitol by Trump supporters, increasing his appeal to Democratic voters. But he could also be vulnerable because of his support for Trump’s “Big Beautiful Bill,” which cut medical benefits for roughly two-thirds of his constituents. The representative argued his district will get concessions for rural hospitals, water infrastructure and agricultural investments in the legislation.

A Valadao spokesperson didn’t immediately respond for a request for comment Tuesday night.

Rep. Ken Calvert (R-Corona) and Rep. Young Kim (R-Anaheim Hills)

Nearly all of Calvert’s district was moved north, and now takes in the Los Angeles County communities of Pomona, Ontario and Fontana.

However, Calvert, 72, announced he would run for the newly formed 40th Congressional District, which includes western Riverside County and eastern Orange County, including his hometown of Corona, as well as Murrieta and Mission Viejo. It’s a strongly Republican district now shared by Republican colleague Kim of Anaheim Hills.

“Californians in the newly drawn 40th District deserve a proven conservative they can trust and a fighter who has delivered results for Riverside and Orange County for decades,” Calvert said in a statement Wednesday. “No one else comes close to my record of service to the new 40th. I’ve lived here my entire life and already represent the majority of this district in Congress.”

Calvert praised Trump’s economic record and efforts to “secure our borders,” a direct appeal to the president’s MAGA base living in the region.

Michael Moodian, public policy researcher at Chapman University, expects Calvert will face a “tough fight” with Kim in the 2026 election.

Calvert is the longest-serving Republican member of California’s congressional delegation and is well known among voters in the area, while Kim is a strong fundraiser and has a moderate tone given that her current district is politically divided, Moodian said.

Kim, 63, one of the first Korean American women elected to Congress, last year won a third term.

Kim on Wednesday boasted that she was one of the most prominent Republican fundraisers in Congress and had a proven record of winning tough races.

“I’m running because California needs proven fighters who will stand with President Trump to advance a bold America First agenda that restores law and order in our communities, strengthens our national security, and protects the American Dream for future generations,” Kim said in a statement.

Map shows the boundary of the new 41st congressional district, which cities such as Downey, Lakewood, Whittier and La Habra. The new boundary is composed of areas from the former 38th, 42nd, 44th, 45th and 47th congressional districts.

Calvert has survived previous redistricting rounds, including in 2021, when the overwhelmingly liberal Palm Springs — the first city in the nation to elect an all-LGBTQ+ city council — was added to his district and the Republican-heavy Temecula was taken out.

In 2024, Calvert fended off former federal prosecutor Will Rollins, besting the young Democrat 51.7% to 48.3%.

Rep. Darrell Issa (R-Bonsall)

Post-Proposition 50, Issa’s Republican stronghold in Southern California becomes more narrowly divided among Democrats and Republicans and gets a larger share of Latino voters. Like Calvert and Kim, Issa may decide to run in the new Republican-majority seat in Riverside and Orange counties.

Map shows the boundary of the new 48th congressional district, located between San Bernardino and San Diego. The new district is composed of areas from the former 48th, 25th, 41st, 49th and 50th congressional districts.

“California is my home,” Issa said Tuesday night. “And it’s worth fighting for,”

He called Proposition 50 “the worst gerrymander in history” and vowed to continue to represent “the people of California — regardless of their party or where they live.”

Issa, 72, lost a legal challenge last week over the new maps, which he sought to block.

According to the complaint filed in federal court, Issa claimed he would be harmed because he would lose “seniority advantages in committee proceedings” and have “reduced influence over legislative priorities and committee work affecting my constituents,” NBC7 in San Diego reported.

Democratic San Diego City Councilmember Marni von Wilpert and perennial candidate Ammar Campa-Najjar are among those challenging Issa in his new seat.

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After Republican election losses, Trump pushes lawmakers to end shutdown, filibuster

As the federal shutdown has dragged on to become the longest in American history, President Trump has shown little interest in talks to reopen the government. But Republican losses on election day could change that.

Trump told Republican senators at the White House on Wednesday that he believed the government shutdown “was a big factor” in the party’s poor showing against the Democrats in key races.

“We must get the government back open soon, and really immediately,” Trump said, adding that he would speak privately with the senators to discuss what he would like to do next.

The president’s remarks are a departure from what has largely been an apathetic response from him about reopening the government. With Congress at a stalemate for more than a month, Trump’s attention has mostly been elsewhere.

He spent most of last week in Asia attempting to broker trade deals. Before that, much of his focus was on reaching a ceasefire deal between Israel and Hamas and building a $300-million White House ballroom.

To date, Trump’s main attempt to reopen the federal government has been calling on Republican leaders to terminate the filibuster, a long-running Senate rule that requires 60 votes in the chamber to pass most legislation. Trump wants to scrap the rule — the so-called nuclear option — to allow Republicans in control of the chamber to push through legislation with a simple-majority vote.

“If you don’t terminate the filibuster, you’ll be in bad shape,” Trump told the GOP senators and warned that with the rule in place, the party would be viewed as “do-nothing Republicans” and get “killed” in next year’s midterm elections.

Trump’s push to end the shutdown comes as voters are increasingly disapproving of his economic agenda, according to recent polls. The trend was reinforced Tuesday as voters cast ballots with economic concerns as their main motivation, an AP poll showed. Despite those indicators, Trump told a crowd at the American Business Forum in Miami on Wednesday that he thinks “we have the greatest economy right now.”

While Trump has not acknowledged fault in his economic agenda, he has began to express concern that the ongoing shutdown may be hurting Republicans. Those concerns have led him to push Republicans to eliminate the filibusters, a move that has put members of his party in a tough spot.

Senate Majority Leader John Thune of South Dakota has resisted the pressure, calling the filibuster an “important tool” that keeps the party in control of the chamber in check.

The 60-vote threshold allowed Republicans to block a “whole host of terrible Democrat policies” when they were in the minority last year, Thune said in an interview Monday with Fox News Radio’s “Guy Benson Show.”

“I shudder to think how much worse it would’ve been without the legislative filibuster,” he said. “The truth is that if we were to do their dirty work for them, and that is essentially what we would be doing, we would own all the crap they are going to do if and when they get the chance to do it.”

Sen. John Curtis (R-Utah) said last week he is a “firm no on eliminating it.”

“The filibuster forces us to find common ground in the Senate. Power changes hands, but principles shouldn’t,” Curtis said in a social media post.

As the government shutdown stretched into its 36th day Wednesday, Trump continued to show no interest in negotiating with Democrats, who are refusing to vote on legislation to reopen the government that does not include a deal on healthcare.

Budget negotiations deadlocked as Democrats tried to force Republicans to extend federal healthcare tax credits that are set to expire at the end of the year. If those credits expire, millions of Americans are expected to see the cost of their premiums spike.

With negotiations stalled, Trump said in an interview aired Sunday that he “won’t be extorted” by their demands to extend the expiring Affordable Care Act subsidies.

On Wednesday, Democratic legislative leaders sent a letter to Trump demanding a bipartisan meeting to “end the GOP shutdown of the federal government and decisively address the Republican healthcare crisis.”

“Democrats stand ready to meet with you face to face, anytime and anyplace,” Senate Democratic Leader Chuck Schumer and House Democratic Leader Hakeem Jeffries wrote in a letter to Trump.

The White House did not immediately respond to a request for comment on the Democrats’ letter.

“The election results ought to send a much needed bolt of lightning to Donald Trump that he should meet with us to end this crisis,” Schumer told the Associated Press.

Trump’s remarks Wednesday signal that he is more interested in a partisan approach to ending the shutdown.

“It is time for Republicans to do what they have to do and that is to terminate the filibuster,” Trump told GOP senators. “It’s the only way you can do it.”

If Republicans don’t do it, Trump argued Senate Democrats will do so the next time they are in a majority.

Democrats have not signaled any intent to end the filibuster in the future, but Trump has claimed otherwise and argued that it is up to Republicans to “do it first.”

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Trump’s worldwide tariffs run into sharp skepticism at the Supreme Court

President Trump’s signature plan to impose import taxes on products coming from countries around the world ran into sharp skepticism at the Supreme Court on Wednesday.

Most of the justices, conservative and liberal, questioned whether the president acting on his own has the power to set large tariffs as a weapon of international trade.

Instead, they voiced the traditional view that the Constitution gives Congress the power to raise taxes, duties and tariffs.

Trump and his lawyers rely on an emergency powers act adopted on a voice vote by Congress in 1977. That measure authorizes sanctions and embargoes, but does not mention “tariffs, duties” or other means of revenue-raising.

Chief Justice John G. Roberts Jr. said he doubted that law could be read so broadly.

The emergency powers law “had never before been used to justify tariffs,” he told D. John Sauer, Trump’s solicitor general. “No one has argued that it does until this particular case.”

Congress has authorized tariffs in other laws, he said, but not this one. Yet, it is “being used for a power to impose tariffs on any product from any country for — in any amount on any product from any country for — in any amount for any length of time.”

Moreover, the Constitution says Congress has the lead role on taxes and tariffs. “The imposition of taxes on Americans … has always been a core power of Congress,” he said.

The tariffs case heard Wednesday is the first major challenge to Trump’s presidential power to be heard by the court. It is also a test of whether the court’s conservative majority is willing to set legal limits on Trump’s executive authority.

Trump has touted these import taxes as crucial to reviving American manufacturing.

But owners of small businesses, farmers and economists are among the critics who say the on-again, off-again import taxes are disrupting business and damaging the economy.

Two lower courts ruled for small-business owners and said Trump had exceeded his authority.

The Supreme Court agreed to hear the appeal on a fast-track basis with the aim of ruling in a few months.

In defense of the president and his “Liberation Day” tariffs, Trump’s lawyers argued these import duties involve the president’s power over foreign affairs. They are “regulatory tariffs,” not taxes that raise revenue, he said.

Justices Sonia Sotomayor and Elena Kagan disagreed.

“It’s a congressional power, not a presidential power, to tax,” Sotomayor said. “You want to say tariffs are not taxes, but that’s exactly what they are.”

Imposing a tariff “is a taxing power which is delegated by the Constitution to Congress,” Kagan said.

Justice Neil M. Gorsuch may hold the deciding vote, and he said he was wary of upholding broad claims of presidential power that rely on old and vague laws.

The court’s conservative majority, including Gorsuch, struck down several far-reaching Biden administration regulations on climate change and student forgiveness because they were not clearly authorized by Congress.

Both Roberts and Gorsuch said the same theory may apply here. Gorsuch said he was skeptical of the claim that the president had the power to impose taxes based on his belief that the nation faces a global emergency.

In the future, “could the President impose a 50% tariff on gas-powered cars and auto parts to deal with the unusual and extraordinary threat from abroad of climate change?” he asked.

Yes, Sauer replied, “It’s very likely that could be done.”

Congress had the lawmaking power, Gorsuch said, and presidents should not feel free to take away the taxing power “from the people’s representatives.”

Justice Amy Coney Barrett said she was struggling to understand what Congress meant in the emergency powers law when it said the president may “regulate” importation.

She agreed that the law did not mention taxes and tariffs that would raise revenue, but some judges then saw it as allowing the authority to impose duties or tariffs.

Justices Brett M. Kavanaugh and Samuel A. Alito Jr. appeared to be leaning against the challenge to the president’s tariffs.

Kavanaugh pointed to a round of tariffs imposed by President Nixon in 1971, and he said Congress later adopted its emergency powers act without clearly rejecting that authority.

A former White House lawyer, Kavanaugh said it would be unusual for the president to have the full power to bar imports from certain countries, but not the lesser power to impose tariffs.

Since Trump returned to the White House in January, the court’s six Republican appointees have voted repeatedly to set aside orders from judges who had temporarily blocked the president’s policies and initiatives.

Although they have not explained most of their temporary emergency rulings, the conservatives have said the president has broad executive authority over federal agencies and on matters of foreign affairs.

But Wednesday, the justices did not sound split along the usual ideological lines.

The court’s ruling is not likely to be the final word on tariffs, however. Several other past laws allow the president to impose temporary tariffs for reasons of national security.

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Conservative activist Laura Loomer, a Trump ally, says she has a new Pentagon press pass

With the Pentagon’s press room largely cleared of mainstream reporters, conservative activist and presidential ally Laura Loomer says she has been granted a credential to work there.

Loomer has an influential social media presence and the ear of President Trump, frequently campaigning for the firings of government officials she deems insufficiently loyal to his administration. Some targets have been in the field of national security, including Dan Driscoll, secretary of the Army.

Pentagon officials did not immediately return a message seeking comment on Tuesday. The Washington Post first reported the news of her attaining credentials.

Virtually all Pentagon reporters for legacy media outlets walked out last month rather than agree to a new policy they say would restrict their ability to report news not given approval for release by Defense Secretary Pete Hegseth. Several right-wing outlets have taken their place, although the banned journalists are continuing to work on stories related to the Pentagon.

“I’m excited to announce that after a year of breaking the most impactful stories that pertain to our national security and rooting out deceptive and disloyal bad actors” from the Defense Department, she was ready to join the press corps, Loomer said on X, formerly Twitter. She did not immediately return a message seeking comment.

Earlier this year, she criticized Driscoll for publicly honoring a Medal of Honor recipient who had previously spoken at a Democratic National Convention. Separately, Driscoll rescinded the appointment of a former Biden administration official to teach at West Point after Loomer attacked him for it.

Although Trump later downplayed Loomer’s influence, the president last spring fired a handful of National Security Council officials after she had presented him with evidence of their supposed disloyalty.

Still, she’s been a polarizing force among some in the administration, wary of her influence, which has included riding on Air Force One with Trump. Although granted space in the Pentagon press room, Loomer has not received reporting credentials at the White House. Loomer has also been criticized for entertaining conspiracy theories and making anti-immigrant and anti-Muslim posts.

“There is no denying that my investigative reporting has had a massive impact on the landscape of personnel decisions within the Executive Branch, our intelligence agencies and the Pentagon,” Loomer wrote on X. “I look forward to covering the Pentagon and breaking more stories that impact our country and our national security.”

In her social media post, she also reached out to people to alert her to news through “the Loomered Tip Line, the most influential Tip Line in all of DC.”

Phil Stewart, a national security reporter for Reuters, noted on a social media post Tuesday that Hegseth’s new media policy would make reporters subject to having their access revoked for seeking out information from Defense Department personnel that had not been authorized for release.

However, Loomer’s appeal for tips did not explicitly target people who work at the Defense Department.

Bauder writes for the Associated Press.

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As vice president during 9/11, Cheney is at the center of an enduring debate over U.S. spy powers

Dick Cheney was the public face of the George W. Bush administration’s boundary-pushing approach to surveillance and intelligence collection in the years after the Sept. 11, 2001, attacks.

An unabashed proponent of broad executive power in the name of national security, Cheney placed himself at the center of a polarizing public debate over detention, interrogation and spying that endures two decades later.

“I do think the security state that we have today is very much a product of our reactions to Sept. 11, and obviously Vice President Cheney was right smack-dab in the middle of how that reaction was operationalized from the White House,” said Stephen Vladeck, a Georgetown University law professor.

Prominent booster of the Patriot Act

Cheney was arguably the administration’s most prominent booster of the Patriot Act, the law enacted nearly unanimously after 9/11 that granted the U.S. government sweeping surveillance powers.

He also championed a National Security Agency warrantless wiretapping program aimed at intercepting international communications of suspected terrorists in the U.S., despite concerns over its legality from some administration figures.

If such an authority had been in place before Sept. 11, Cheney once asserted, it could have led the U.S. “to pick up on two of the hijackers who flew a jet into the Pentagon.”

Law enforcement and intelligence agencies still retain key tools to confront potential terrorists and spies that came into prominence after the attacks, including national security letters that permit the FBI to order companies to turn over information about customers.

But courts also have questioned the legal justification of the government’s surveillance apparatus, and a Republican Party that once solidly stood behind Cheney’s national security worldview has grown significantly more fractured.

The bipartisan consensus on expanded surveillance powers after Sept. 11 has given way to increased skepticism, especially among some Republicans who believe spy agencies used those powers to undermine President Trump while investigating ties between Russia and his 2016 campaign.

Congress in 2020 let expire three provisions of the Patriot Act that the FBI and Justice Department had said were essential for national security, including one that permits investigators to surveil subjects without establishing that they’re acting on behalf of an international terror organization.

A program known as Section 702 of the Foreign Intelligence Surveillance Act, which permits the U.S. government to collect without a warrant the communications of non-Americans located outside the country for the purpose of gathering foreign intelligence, was reauthorized last year — but only after significant negotiations.

“I think for someone like Vice President Cheney, expanding those authorities wasn’t an incidental objective — it was a core objective,” Vladeck said. “And I think the Republican Party today does not view those kinds of issues — counterterrorism policy, government surveillance authorities — as anywhere near the kind of political issues that the Bush administration did.”

As an architect of the U.S. invasions of Afghanistan and Iraq, Cheney pushed spy agencies to find evidence to justify military action.

Along with others in the administration, Cheney claimed Iraqi President Saddam Hussein was developing weapons of mass destruction and had ties to al-Qaida. They used that to sell the war to members of Congress and the American people, though it was later debunked.

The faulty intelligence used to justify the invasion of Iraq is held up as a significant failure by America’s spy services and a demonstration of what can happen when leaders use intelligence for political ends.

The government’s arguments for war fueled a distrust among many Americans that still resonates with some in Trump’s administration.

“For decades, our foreign policy has been trapped in a counterproductive and endless cycle of regime change or nation building,” Tulsi Gabbard, the director of the Office of National Intelligence, said in the Middle East last week.

Many lawmakers who voted to support using force in 2003 say they have come to regret it.

“It was a mistake to rely upon the Bush administration for telling the truth,” Sen. Ed Markey, D-Mass., said on the invasion’s 20th anniversary.

Expanded war powers

Trump has long criticized Cheney, but he’s relying on a legal doctrine popularized during Cheney’s time in office to justify deadly strikes on alleged drug-running boats in Latin America.

The Trump administration says the U.S. is engaged in “armed conflict” with drug cartels and has declared them unlawful combatants.

“These narco-terrorists have killed more Americans than Al-Qaeda, and they will be treated the same,” Defense Secretary Pete Hegseth said Oct. 28 on social media. ”We will track them, we will network them, and then, we will hunt and kill them.”

After 9/11, the Bush-Cheney administration authorized the U.S. military to attack enemy combatants acting on behalf of terror organizations. That prompted questions about the legality of killing or detaining people without prosecution.

Cheney’s involvement in boosting executive power and surveillance and “cooking the books of the raw intelligence” has echoes in today’s strikes, said Jim Ludes, a former national security analyst who directs the Pell Center for International Relations and Public Policy at Salve Regina University.

“You think about his legacy and some of it is very troubling. Some of it is maybe what the moment demanded,” Ludes said. “But it’s a complicated legacy.“

Vladeck noted an enduring legacy of the Bush-Cheney administration was “to blur if not entirely collapse lines between civilian reactions to threats and military ones.”

He pointed to designating foreign terrorist organizations, a tool that predated the Sept. 11 attacks but became more prevalent in the years that followed. Trump has used the label for several drug cartels.

Contemporary conflicts inside the government

Protecting the homeland from espionage, terrorism and other threats is a complicated endeavor spread across the government. When Cheney was vice president, for instance, agencies like the Department of Homeland Security and the Office of the Director of National Intelligence, or ODNI, were established.

As was the case then, the division of labor can still be disputed, with a recent crack surfacing between Director Kash Patel’s FBI and the intelligence community led by Gabbard.

The FBI said in a letter to lawmakers that it “vigorously disagrees” with a legislative proposal that it said would remove the bureau as the government’s lead counterintelligence agency and replace it with a counterintelligence center under ODNI.

“The cumulative effect,” the FBI warned in the letter obtained by The Associated Press, “would be putting decision-making with employees who aren’t actively involved in CI operations, knowledgeable of the intricacies of CI threats, or positioned to develop coherent and tailored mitigation strategies.”

That would be to the detriment of national security, the FBI said.

Spokespeople for the agencies later issued a statement saying they are working together with Congress to strengthen counterintelligence efforts.

Tucker and Klepper write for the Associated Press.

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Proposition 50 is a short-term victory with a big downside

One of the great conceits of California is its place on the cutting edge — of fashion, culture, technology, politics and other facets of the ways we live and thrive.

Not so with Proposition 50.

The redistricting measure, which passed resoundingly Tuesday, doesn’t break any ground, chart a fresh course or shed any light on a better pathway forward.

It is, to use a favorite word of California’s governor, merely the latest iteration of what has come to define today’s politics of fractiousness and division.

In fact, the redistricting measure and the partisan passions it stirred offer a perfect reflection of where we stand as a splintered country: Democrats overwhelming supported it. Republicans were overwhelmingly opposed.

Nothing new or novel about that.

And if Proposition 50 plays out as intended, it could make things worse, heightening the country’s polarization and increasing the animosity in Washington that is rotting our government and politics from the inside out.

You’re welcome.

The argument in favor of Proposition 50 — and it’s a strong one — is that California was merely responding to the scheming and underhanded actions of a rogue chief executive who desperately needs to be checked and balanced.

The only apparent restraint on President Trump’s authoritarian impulse is whether he thinks he can get away with something, as congressional Republicans and a supine Supreme Court look the other way.

With GOP control of the House hanging by the merest of threads, Trump set out to boost his party’s prospects in the midterm election by browbeating Texas Republicans into redrawing the state’s congressional lines long before it was time. Trump’s hope next year is to gain as many as five of the state’s House seats.

Gov. Gavin Newson responded with Proposition 50, which scraps the work of a voter-created, nonpartisan redistricting commission and changes the political map to help Democrats flip five of California’s seats.

And with that the redistricting battle was joined, as states across the country looked to rejigger their congressional boundaries to benefit one party or the other.

The upshot is that even more politicians now have the luxury of picking their voters, instead of the other way around, and if that doesn’t bother you maybe you’re not all that big a fan of representative democracy or the will of the people.

Was it necessary for Newsom, eyes fixed on the White House, to escalate the red-versus-blue battle? Did California have to jump in and be a part of the political race to the bottom? We won’t know until November 2026.

History and Trump’s sagging approval ratings — especially regarding the economy — suggest that Democrats are well positioned to gain at least the handful of seats needed to take control of the House, even without resorting to the machinations of Proposition 50.

There is, of course, no guarantee.

Gerrymandering aside, a pending Supreme Court decision that could gut the Voting Rights Act might deliver Republicans well over a dozen seats, greatly increasing the odds of the GOP maintaining power.

What is certain is that Proposition 50 will in effect disenfranchise millions of California Republicans and Republican-leaning voters who already feel overlooked and irrelevant to the workings of their home state.

Too bad for them, you might say. But that feeling of neglect frays faith in our political system and can breed a kind of to-hell-with-it cynicism that makes electing and cheering on a “disruptor” like Trump seem like a reasonable and appealing response.

(And, yes, disenfranchisement is just as bad when it targets Democratic voters who’ve been nullified in Texas, North Carolina, Missouri and other GOP-run states.)

Worse, slanting political lines so that one party or the other is guaranteed victory only widens the gulf that has helped turn Washington’s into its current slough of dysfunction.

The lack of competition means the greatest fear many lawmakers have is not the prospect of losing to the other party in a general election but rather being snuffed out in a primary by a more ideological and extreme challenger.

That makes cooperation and cross-party compromise, an essential lubricant to the way Washington is supposed to work, all the more difficult to achieve.

Witness the government shutdown, now in its record 36th day. Then imagine a Congress seated in January 2027 with even more lawmakers guaranteed reelection and concerned mainly with appeasing their party’s activist base.

The animating impulse behind Proposition 50 is understandable.

Trump is running the most brazenly corrupt administration in modern history. He’s gone beyond transgressing political and presidential norms to openly trampling on the Constitution.

He’s made it plain he cares only about those who support him, which excludes the majority of Americans who did not wish to see Trump’s return to the White House.

As if anyone needed reminding, his (patently false) bleating about a “rigged” California election, issued just minutes after the polls opened Tuesday, showed how reckless, misguided and profoundly irresponsible the president is.

With the midterm election still nearly a year off — and the 2028 presidential contest eons away — many of those angry or despondent over the benighted state of our union desperately wanted to do something to push back.

Proposition 50, however, was a shortsighted solution.

Newsom and other proponents said the retaliatory ballot measure was a way of fighting fire with fire. But that smell in the air today isn’t victory.

It’s ashes.

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Passage of Prop. 50 brightens Newsom’s national prospects

California voters delivered a major victory for Democrats nationwide Tuesday — and possibly for Gov. Gavin Newsom’s political ambitions — by passing a redistricting plan that could help the party seize as many as five congressional seats in the 2026 midterm elections.

The ballot measure was seen as a searing denunciation of President Trump and his administration’s policies, which have included divisive immigration raids, steep tariffs, cuts to healthcare and a military occupation of Los Angeles.

Proposition 50 was launched at warp speed in August in an attempt to counter President Trump’s successful attempt to pressure Republican-led states, most notably Texas, to gerrymander their own states to keep Democrats from gaining control of the U.S. House of Representatives after the 2026 midterm elections. If Democrats gain power they could imperil his agenda and launch investigations into his administration.

“After poking the bear, this bear roared,” Newsom said Tuesday night shortly after the polls closed and the Associated Press determined Proposition 50 had passed.

Newsom said he was proud of California for standing up to Trump and called on other states with Democrat-controlled legislatures to pass their own redistricting plans.

“I hope it’s dawning on people, the sobriety of this moment,” he said.

The president, meanwhile, in a post Tuesday morning on his social media site called the vote “A GIANT SCAM” and “RIGGED” and said it is “under very serious legal and criminal review. STAY TUNED!” The White House did not explain what he meant by “serious legal and criminal review.” After the polls closed, Trump again posted, writing enigmatically: “…AND SO IT BEGINS.”

Newsom early Tuesday dismissed Trump’s threats as “the ramblings of an old man that knows he’s about to LOSE.”

Proposition 50 will change how California determines the boundaries of congressional districts. The measure asked voters to approve new congressional district lines designed to favor Democrats for the 2026, 2028 and 2030 elections, overriding the map drawn by the state’s nonpartisan, independent redistricting commission.

The measure, placed by the ballot by the Democratic-led state Legislature and pushed by Newsom, reconfigured the state’s congressional districts in favor of Democrats, shifting five more House districts into competitive or easily winnable territory for Democrats. California has 43 Democrats and nine Republicans in the House; now the number of GOP members could be cut in half.

While Newsom and Democratic partisans framed the passage of Proposition 50 — which they had dubbed the Election Rigging Response Act — as a major blow against Trump’s iron grip on the federal government, it is far from guaranteed to flip the balance of power in the U.S. House, where Republicans hold a slim majority.

For one, spurred on by Trump, Republican-led states are busy pursuing their own redistricting plans. Several Republican-controlled states including North Carolina, Ohio and Missouri are moving ahead.

What’s more, California voters in the fall of 2026 would then have to be convinced to choose Democratic challengers over incumbent Republicans in those newly crafted districts — and many current GOP members of Congress have said they don’t plan to go quietly.

“Here’s something Newsom and his cronies don’t know: It won’t work,” said Congressman Darrell Issa, a San Diego-area Republican whose seat was targeted by the newly redrawn maps. “The worst gerrymander in history has a fatal flaw. Voters get to pick their representatives. Not the other way around. I’m not going anywhere.”

Congressman Doug LaMalfa whose Northern California district was carved up and diluted with left-leaning coastal voters, said he was “standing in the fight. They’re not going to kidnap my district here without a battle.”

What is sure, however, is that Proposition 50 is a big win for Newsom, who has propelled his fight with Trump onto the national political stage as one of the loudest voices standing against the new administration.

Campaigning for Proposition 50, Newsom mocked Trump on the social media site X with sarcastic, Trumpesque all-caps media posts. The governor won viral fame, guest spots on late-night shows and millions of dollars from Democratic donors around the country delighted to see someone jousting with the president. In recent days, Newsom has begun talking openly about a possible run for president in 2028, after telling CBS last month that he would be lying if he tried to pretend he wasn’t considering it.

The new congressional districts also are expected to set off a mad scramble among ambitious Democratic politicians.

Already, Audrey Denney, a strategist and education director, has announced she will once again mount a campaign against LaMalfa, who represents an area that has been split into two districts saturated with Democratic voters. Former state Sen. Richard Pan, meanwhile, has indicated he intends to target Congressman Kevin Kiley, who saw his hometown of Rocklin yanked out of his district and replaced with parts of more-Democratic Sacramento.

One of the biggest effects of the measure may be the way it has enraged many of the state’s rural voters, and left even those who are registered Democrats feeling as though state leaders don’t care about their needs.

“They think our voices are so small that we don’t count, and because we’re red,” fumed Monica Rossman, the chairwoman of the Glenn County Board of Supervisors in rural Northern California. “This is just one more way of them squeezing us rural people.”

Rossman described Newsom in obscene terms this week and added that “people from urban areas, they don’t realize that us people from One-Taco-Bell-Towns don’t know what it’s like to drive by a dealership and see nothing but battery-operated vehicles. By traffic, we mean Ted’s cows are out again and we have to wait for them to get out of the way. We’re going to have people making decisions about areas they know nothing about.”

But as they headed to polling places across the state, many voters said the Trump administration’s actions in California — from funding cuts to the prolonged immigration raids —convinced them that radical measures were necessary.

Adee Renteria, who came to vote at Our Lady of Guadalupe Church in East Los Angeles decked out from head to toe in celebratory Dodgers gear, said she was voting yes on Proposition 50 because “I want a fricking voice.”

“I want our people to be able to walk the streets without getting kidnapped,” she said, adding that she believed the measure would allow Democrats a chance at fighting back against policies that she said had sown terror in her community.

In Buena Park, Guarav Jain, 33, said he had braved long lines to cast his ballot “to prove that we can fight back on the crazy things Trump says.”

“This is the first chance to make our voice heard since the [presidential] election last November,” he added.

The path to Proposition 50, which ranks as the fourth most expensive ballot measure in California history, began in June. That was when Trump’s political team began pushing Texas Republicans to redraw the lines for that state’s 38 congressional districts to gain five Republican seats and give his party a better shot at holding the House after the midterm elections.

When Texas Gov. Greg Abbott signed on to the idea, Newsom jumped in to announce that California, which has 52 representatives, would counter by redrawing its own districts to try to pick up as many as five seats for Democrats.

“We’re giving the American people a fair chance,” Newsom said in August, adding that California was “responding to what occurred in Texas.”

The move outraged California Republicans and also angered some people, such as former Gov. Arnold Schwarzenegger, who are no fans of Trump. Some opponents argued that it was an affront to an independent congressional redistricting commission that California voters created in 2010 with the passage of Proposition 20 — an effort to provide fair representation to all Californians.

“They are trying to fight for democracy by getting rid of the democratic principles of California.… It is insane to let that happen,” Schwarzenegger said at an event at USC in September. “Doesn’t make any sense to me — that because we have to fight Trump, to become Trump.”

But Schwarzenegger didn’t do much to actively campaign against the measure and the No side was far outgunned financially. Proponents raised more than $100 million, according to campaign finance reports, while the No side raised about $43.7 million.

A star-studded cast of Democratic leaders also flooded the airwaves to support the measure, including Congresswoman Alexandria Ocasio-Cortez of New York and Massachusetts Sen. Elizabeth Warren. President Obama spoke on the issue in ads that aired during the World Series. “Democracy is on the ballot Nov. 4,” the former president said.

The new congressional district maps are only temporary. They will be in place for elections next year and in 2028 and 2030. After that, California’s independent redistricting commission will resume its duties in drawing the maps.

What may be longer lasting, some rural representatives said, is a sense among many in California’s heartland that their voices don’t count.

LaMalfa, the congressman who saw his deep red district divided into two blue urban areas, said many of his constituents — who work in farming, timber and ranching — believe many state policies are “stacked against them and they have nowhere to go.”

“What they do have is a voice that understands their plight and is willing to speak for them. I am one of the people who does that,” he said. “You don’t have that anymore if you have taken all those folks and just drawn them into urban voters districts.”

Times staff writers Sonja Sharp, Katie King and Katerina Portela contributed to this report.

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Trump renominates Isaacman to lead NASA months after pulling pick

Nov. 4 (UPI) — President Donald Trump tapped Jared Isaacman to lead NASA on Tuesday just months after withdrawing his nomination of the billionaire entrepreneur to lead the space agency.

Trump announced the reversal in a social media post praising Isaacman who has twice flown to space on private missions.

“Jared’s passion for Space, astronaut experience, and dedication to pushing the boundaries of exploration, unlocking the mysteries of the universe, and advancing the new space economy, make him ideally suited to lead NASA into a bold new era,” Trump wrote.

However, Trump did not explain his aboutface on Isaacman, who saw his nomination withdrawn in May just ahead of the Senate’s confirmation vote. At the time, Trump cited a “thorough review of prior associations” as the reason for withdrawing Isaacman’s nomination.

Isaacman is a commercial astronaut who has ties to SpaceX, a space transportation and aeronautics company headed by business titan Elon Musk. Trump withdrew Isaacman’s nomination the same day Musk left the White House after his stint running the Department of Government Efficiency.

Musk’s departure precipitated a very public rift with Trump, who later took to social media to call his former political ally a “train wreck” who had sought to have “one of his close friends run NASA.” That close friend, Trump wrote in his post, was a “blue-blooded Democrat who had never contributed to a Republican before.”

Since withdrawing Isaacman’s nomination, Transportation Secretary Sean Duffy has been serving as interim NASA administrator.

Isaacman, for his part, responded with a post on X thanking Trump and expressing gratitude to the “space-loving community.”

“To the innovators building the orbital economy, to the scientists pursuing breakthrough discoveries and to dreamers across the world eager for a return to the Moon and the grand journey beyond–these are the most exciting times since the dawn of the space age– and I truly believe the future we have all been waiting for will soon become reality,” he wrote.

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Prop. 50 is on the ballot, but it’s all about Trump vs. California

California voters went to the polls Tuesday to decide on a radical redistricting plan with national implications, but the campaign is shaping up to be a referendum on President Trump.

Proposition 50, a ballot measure about redrawing the state’s congressional districts, was crafted by Democrats in response to Trump urging Texas and other GOP-majority states to modify their congressional maps to favor Republicans, a move that was designed to maintain Republican control of the U.S. House of Representatives.

Opponents have said Proposition 50 is a power grab by Democrats that would blatantly disenfranchise Republican voters.

But supporters, fueled by a huge war chest in deep blue California, managed to make the vote about Trump and what they say are his efforts to erode democracy. The president has never been popular in California, but unprecedented months of immigration raids, tariffs and environmental rollbacks have only heightened the conflict.

“Trump is such a polarizing figure,” said Rick Hasen, a professor of law and political science at UCLA. “He commands great loyalty from one group of people and great animosity from others. … It’s not surprising that this measure has been portrayed as sticking it to Donald Trump or [California Gov.] Gavin Newsom.”

Proposition 50 underscores how hyperpartisan California politics have become. A UC Berkeley poll last week conducted in conjunction with The Times found more than 9 out of 10 Democrats supported Proposition 50 and a similar proportion of Republicans opposed it.

California voters had been bombarded with television ads, mailers and social media posts for weeks about the high-stakes special election, so much so that only 2% of likely voters were undecided, according to the poll.

As if on cue, Trump weighed in on Proposition 50 on Tuesday morning just as voting was getting underway.

“The Unconstitutional Redistricting Vote in California is a GIANT SCAM in that the entire process, in particular the Voting itself, is RIGGED,” Trump said on Truth Social just minutes after polling stations opened across California.

The president provided no evidence for his allegations.

Newsom dismissed the president’s claims on X as “the ramblings of an old man that knows he’s about to LOSE.”

At a White House briefing Tuesday afternoon, White House Press Secretary Karoline Leavitt claimed, without providing examples, that California was receiving ballots in the name of undocumented immigrants who could not legally vote.

California’s top elections official, Secretary of State Shirley Weber, called Trump’s allegation “another baseless claim.”

“The bottom line is California elections have been validated by the courts,” Weber said in a statement. “California voters will not be deceived by someone who consistently makes desperate, unsubstantiated attempts to dissuade Americans from participating in our democracy.”

More than 6.3 million Californians — 28% of the state’s 23 million registered voters — had cast ballots as of Monday, according to a voting tracker run by Democratic redistricting expert Paul Mitchell. Ballots submitted by Democrats were outpacing votes by Republicans on Monday, though GOP voters were believed to be more likely to vote in person on election day.

Disabled Army veteran Micah Corpe, 50, had some choice words for Newsom outside a Twentynine Palms church that served as a polling place, calling the politician a “greasy used car salesman.”

Corpe, a Republican, described Proposition 50 as an effort by the governor to “do whatever he wants because he doesn’t like Trump.” At the same time, he said Texas’ decision to redraw its congressional districts was a necessity because of the influx of people moving there from California and other blue states.

“He fights [Trump] on everything,” Corpe said of Newsom. “Just give in a little to get a little. That’s all he’s got to do.”

Matt Lesenyie, an assistant professor of political science at Cal State Long Beach, said the seeds of Proposition 50 were sowed when it became clear that Republicans in Congress were not going to challenge Trump in an investigatory way or provide serious oversight.

“One of the benefits of our system is that there are checks designed in there and we haven’t exercised those checks in a good long time, so I think this is a Hail Mary for potentially doing that,” he said.

Bob Rowell, 72, said that in an ideal world Proposition 50 wouldn’t be necessary. But the Trump administration’s push to redraw lines in red states has created a “distinct danger of creating a never-ending Republican domination in Congress,” he said. So Rowell, a Green Party member, voted yes.

“I hope there’s some way to bring us back into balance,” he said.

Robert Hamilton, 35, an architectural drafter who lives in Twentynine Palms, sees Proposition 50 as a necessary step to push back on Trump’s policies, which he said are impinging on people’s rights. He’s proud of the role California is playing in this political moment.

“I think as a state we’re doing an excellent job of trying to push back against some of the more egregious oversteps of our liberties,” Hamilton said outside a church where he’d just cast his ballot in favor of the measure. “I do hope that if this measure is successful that other states will follow suit — not necessarily taking the same steps to redistrict but finding ways to at least hold the line while hopefully we get things sorted out.”

Times staff writers Seema Mehta and Katie King contributed to this report.

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California officials push back on Trump claim that Prop. 50 vote is a ‘GIANT SCAM’

As California voters went to the polls Tuesday to cast their ballot on a measure that could block President Trump’s national agenda, state officials ridiculed his unsubstantiated claims that voting in the largely Democratic state is “rigged.”

“The Unconstitutional Redistricting Vote in California is a GIANT SCAM in that the entire process, in particular the Voting itself, is RIGGED,” Trump said on Truth Social just minutes after polling stations opened Tuesday across California.

The president provided no evidence for his allegations.

“All ‘Mail-In’ Ballots, where the Republicans in that State are ‘Shut Out,’ is under very serious legal and criminal review,” the GOP president wrote. “STAY TUNED!”

Gov. Gavin Newsom dismissed the president’s claims on X as “the ramblings of an old man that knows he’s about to LOSE.”

His press office chimed in, too, calling Trump “a totally unserious person spreading false information in a desperate attempt to cope with his failures.”

At a White House briefing Tuesday afternoon, White House press secretary Karoline Leavitt claimed, without providing examples, that California was receiving ballots in the name of undocumented immigrants who could not legally vote.

“They have a universal mail-in voting system, which we know is ripe for fraud,” Leavitt told reporters. “Fraudulent ballots that are being mailed in in the names of other people, in the names of illegal aliens who shouldn’t be voting in American elections. There’s countless examples and we’d be happy to provide them.”

The White House did not immediately respond to requests for more details.

Political tension across the nation is high as California voters cast ballots on Proposition 50, a plan championed by Newsom to redraw the state’s congressional districts ahead of the 2026 election to favor the Democratic Party. The measure is intended to offset GOP gerrymandering in red states after Trump pressed Texas to rejigger maps to shore up the GOP’s narrow House majority.

California’s top elections official, Secretary of State Shirley N. Weber, called Trump’s allegation “another baseless claim.”

“The bottom line is California elections have been validated by the courts,” Weber said in a statement. “California voters will not be deceived by someone who consistently makes desperate, unsubstantiated attempts to dissuade Americans from participating in our democracy.”

Weber noted that more than 7 million Californians have already voted and encouraged those who had yet to cast ballots to go to the polls.

“California voters will not be sidelined from exercising their constitutional right to vote and should not let anyone deter them from exercising that right,” Weber said.

Of the 7 million Californians who have voted, more than 4.6 million have done so by mail, according to the secretary of state’s office. Los Angeles residents alone have cast more than 788,000 mail-in ballots.

Leavitt told D.C. reporters Tuesday that the White House is working on an executive order to combat so-called “blatant” election fraud.

“The White House is working on an executive order to strengthen our election in this country,” Leavitt said, “and to ensure that there cannot be blatant fraud, as we’ve seen in California with their universal mail-in voting system.”

Trump has long criticized mail-in voting. As more Democrats opted to vote by mail in 2020 during the COVID-19 pandemic, the president repeatedly made unproven claims linking mail in voting with voter fraud. When Trump ultimately lost that election, he blamed expanded mail-in voting.

In March, Trump signed an executive order requiring that Attorney General Pam Bondi “take all necessary action” against states that count absentee or mail-in ballots received after Election Day. Most states count mail-in or absentee ballots as long as they are postmarked by Election Day.

Over the last month, the stakes in the California special election have ratcheted up as polls indicate Proposition 50 could pass. More than half of likely California voters said they planned to support the measure, which could allow Democrats to gain up to five House seats.

Last month, the Justice Department appeared to single out California for particular national scrutiny: It announced it would send federal monitors to polling locations in counties in California as well as New Jersey, another traditionally Democratic state that is conducting nationally significant off-year elections.

The monitors, it said, would be sent to five California counties: Los Angeles, Kern, Riverside, Fresno and Orange.

While Trump is often a flame-thrower on social media, he has largely been silent on Proposition 50, aside from a few Truth Social posts.

In late October, the president voiced skepticism with California’s mail-in ballots and early voting — directly contradicting efforts by the state’s GOP leaders to get people to vote.

“No mail-in or ‘Early’ Voting, Yes to Voter ID! Watch how totally dishonest the California Prop Vote is! Millions of Ballots being ‘shipped,’” Trump wrote on Truth Social. “GET SMART REPUBLICANS, BEFORE IT IS TOO LATE!!!”

Over the weekend, Trump posted a video purporting to show a member of the San Joaquin County’s Sheriff Dept. questioning election integrity in California.

Times Staff Writer Seema Mehta contributed to this report

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US transport secretary warns of ‘mass chaos’ if gov’t shutdown prolongs | Donald Trump News

There have already been numerous flight delays as the FAA slows down or stops traffic when it is short of controllers.

United States Transportation Secretary Sean Duffy has said that there could be chaos in the skies next week if the government shutdown drags on and air traffic controllers miss a second paycheck.

Duffy made his comments on Tuesday as the US government shutdown dragged into its 35th day, matching the shutdown in US President Donald Trump’s first term as president and which was the longest at the time.

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There have already been numerous delays at airports across the country — sometimes hours long — because the Federal Aviation Administration slows down or stops traffic temporarily anytime it is short on controllers. Last weekend saw some of the worst staff shortages, and on Sunday, flights at Newark Liberty International Airport in New Jersey were delayed for several hours.

Duffy and the head of the air traffic controllers union have both warned that the situation will only get worse the longer the shutdown continues and the financial pressure continues to grow on people who are forced to work without pay. FAA employees already missed one paycheck on October 28. Their next payday is scheduled for next Tuesday.

“Many of the controllers said, ‘A lot of us can navigate missing one paycheck. Not everybody, but a lot of us can. None of us can manage missing two paychecks,’” Duffy said. “So if you bring us to a week from today, Democrats, you will see mass chaos. You will see mass flight delays. You’ll see mass cancellations, and you may see us close certain parts of the airspace, because we just cannot manage it, because we don’t have air traffic controllers.”

Most of the flight disruptions so far during the shutdown have been isolated and temporary. But if delays become more widespread and start to ripple throughout the system, the pressure will mount on US Congress to reach an agreement to end the shutdown.

Normally, airlines strive to have at least 80 percent of their flights depart and arrive within 15 minutes of when they are scheduled. Aviation analytics firm Cirium said that since the shutdown began on October 1, the total number of delays overall has not fallen significantly below that goal because most of the disruptions so far have been no worse than what happens when a major thunderstorm moves across an airport.

But on Sunday, only about 56 percent of Newark’s departures were on time, and the Orlando airport reported that only about 70 percent of its flights were on time, according to Cirium.

As of midday Tuesday, there have been 1,932 flight delays reported across the US, according to www.FlightAware.com. That is lower than what is typical, although the FAA did say that flights in Phoenix were being delayed on Tuesday morning because of staffing shortages. Strong winds are also causing delays at the Newark and LaGuardia airports on Tuesday.

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Talks to end the government shutdown intensify as federal closure on track to become longest ever

Signs of a potential end to the government shutdown intensified Tuesday with behind-the-scenes talks, as the federal closure was on track to become the longest ever disrupting the lives of millions of Americans.

Senators from both parties, Republicans and Democrats, are quietly negotiating the contours of an emerging deal. With a nod from their leadership, the senators seek a way to reopen the government, put the normal federal funding process back on track and devise some sort of resolution to the crisis of expiring health insurance subsidies that are spiking premium costs from coast to coast.

“Enough is enough,” said Senate Majority Leader John Thune, the South Dakota Republican, as he opened the deadlocked chamber.

On day 35 of the federal government shutdown, the record for the longest will be broken after midnight. With SNAP benefits interrupted for millions of Americans depending on federal food aid, hundreds of thousands of federal employees furloughed or working without pay and contracts being delayed, many on and off Capitol Hill say it’s time for it to end. Transportation Secretary Sean Duffy predicted there could be chaos in the skies next week if the shutdown drags on and air traffic controllers miss another paycheck. Labor unions put pressure on lawmakers to reopen the government.

Election Day is seen as a turning point

Tuesday’s elections provide an inflection point, with off-year governor’s races in Virginia and New Jersey, along with the mayor’s race in New York that will show voter attitudes, a moment of political assessment many hope will turn the tide. Another test vote Tuesday in the Senate failed, as Democrats rejected a temporary government funding bill.

“We’re not asking for anything radical,” Senate Democratic Leader Chuck Schumer said. “Lowering people’s healthcare costs is the definition of common sense.”

Unlike the earlier shutdown during President Trump’s first term, when he fought Congress in 2018-19 for funds to build the U.S.-Mexico border wall, the president has been largely absent from this shutdown debate.

Trump threatens to halt SNAP food aid

But on Tuesday, Trump issued a fresh threat, warning he would halt SNAP food aid unless Democrats agree to reopen the government.

SNAP benefits “will be given only when the Radical Left Democrats open up government, which they can easily do, and not before!” Trump said on social media. That seemed to defy court orders to release the Supplemental Nutrition Assistance Program contingency funds.

His top spokeswoman, press secretary Karoline Leavitt, said later that the administration continues to pay out SNAP funding in line with court orders.

With House Speaker Mike Johnson having sent lawmakers home in September, most attention is on the Senate. There, the leadership has outsourced negotiations to a loose group of centrist dealmakers from both parties have been quietly charting a way to end the standoff.

“We pray that today is that day,” said Johnson, R-La., holding his daily process on the empty side of the Capitol.

Contours of a potential deal

Central to any endgame will be a series of agreements that would need to be upheld not only by the Senate, but also the House, and the White House, which is not at all certain in Washington where Republicans have full control of the government.

First of all, senators from both parties, particularly the powerful members of the Appropriations Committee, are pushing to ensure the normal government funding process can be put back on track.

Sen. Susan Collins, R-Maine, the chair of the Senate Appropriations Committee, and GOP Sen. Mike Rounds of South Dakota, along with several Democrats, including Sens. Jeanne Shaheen and Maggie Hassan of New Hampshire, and Chris Coons of Delaware, are among those working behind the scenes.

“The pace of talks have increased,” said Sen. Gary Peters, D-Mich., who has been involved in conversations.

Among the goals is guaranteeing upcoming votes on a smaller package of bills where there is already widespread bipartisan agreement to fund various aspects of governments, like agricultural programs and military construction projects at bases.

“I certainly think that that three-bill package is primed to do a lot of good things for the American people,” said Sen. Katie Britt, R-Ala, who has also been in talks.

More difficult, a substantial number of senators also want some resolution to the standoff over the funding for the Affordable Care Act subsidies that are set to expire at year’s end.

White House won’t engage on health care until government reopens

The White House says its position remains unchanged and that Democrats must vote to fund the government until talks over health care can begin. White House officials are in close contact with GOP senators who have been quietly speaking with key Senate Democrats, according to a senior White House official. The official was granted anonymity to discuss administration strategy.

With insurance premium notices being sent, millions of Americans are experiencing sticker shock on skyrocketing prices. The loss of federal subsidies, which come in the form of tax credits, are expected to leave many people unable to buy health insurance.

Republicans, with control of the House and Senate, are reluctant to fund the health care program, also known as Obamacare. But Thune has promised Democrats a vote on their preferred proposal, on a date certain, as part of any deal to reopen government.

That’s not enough for some senators, who see the health care deadlock as part of their broader concerns with Trump’s direction for the country.

“Trump is a schoolyard bully,” said Sen. Bernie Sanders, the Independent from Vermont, in an op-ed. “Anyone who thinks surrendering to him now will lead to better outcomes and cooperation in the future does not understand how a power-hungry demagogue operates.”

Moreover, Democrats, and some Republicans, are also pushing for guardrails to prevent the Trump administration’s practice of unilaterally slashing funds for programs that Congress had already approved, by law, the way billionaire Elon Musk did earlier this year at the Department of Government Efficiency.

With the Senate, which is split 53-47, having tried and failed more than a dozen times to advance the House-passed bill over the filibuster, that measure is out of date. It would have funded government to Nov. 21.

Trump has demanded senators nuke the filibuster, the Senate rule that requires a 60-vote threshold to advance most legislation, which preserves minority rights in the chamber. GOP senators panned that demand.

Both Thune and Johnson have acknowledged they will need a new temporary measure. They are eyeing one that skips past the Christmas holiday season, avoiding what often has been a year-end crunch, and instead develop an agreement that would keep government running into the near year, likely January.

Mascaro and Jalonick write for the Associated Press. AP writers Kevin Freking, Seung Min Kim and Matt Brown contributed to this story.

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Trump reverses course, will not fund SNAP until the government reopens

Nov. 4 (UPI) — Supplemental Nutrition Assistance Program benefits will not be distributed until the federal government is funded and reopened, despite federal court orders to do so.

Two federal judges on Friday ordered the Trump administration to access contingency funds and distribute SNAP benefits despite the lack of funding for the federal government.

President Donald Trump on Saturday said his administration would do so, but he changed course and said SNAP benefits will not be distributed until the federal government is funded again.

“SNAP benefits, which increased by billions and billions of dollars during crooked Joe Biden‘s disastrous term in office, will be given only when radical-left Democrats open up the government and not before!” Trump said Tuesday in a Truth Social post.

U.S. District Court of Rhode Island Judge John McConnell Jr. on Saturday ordered the Trump administration to fund SNAP benefits no later than Wednesday, which the president initially agreed to do.

McConnell ordered the Trump administration to apprise him of efforts to fund SNAP, but White House officials on Monday said doing so would create an “unacceptable risk,” The Hill reported.

A contingency fund for SNAP benefits has about $4.65 billion, which is slightly more than half of the $9 billion spent monthly to provide SNAP benefits for about 42 million recipients.

Administration officials on Monday told McConnell that half of the cost of SNAP benefits would be covered for November, but the president on Tuesday changed course, according to CNBC.

Holding up the matter is an insistence by Congressional Democrats that a continuing resolution also include an extension of Affordable Care Act tax credits that expire at the end of the year, plus expanded Medicaid funding.

Congressional Republicans say they are willing to negotiate with Democrats on those matters, but only in the fiscal year 2026 budget.

The Senate on Tuesday again failed to gain the 60 votes needed to overcome the Senate’s filibuster rule and approve the funding resolution.

Instead, the measure was supported by a simple majority, 54-44, which was the 14th vote on the bill.

Senate Democrats John Fetterman of Pennsylvania and Catherine Cortez Masto of Nevada, along with independent Sen. Angus King of Maine, for the 14th time, were the only members of the Senate Democratic Party Caucus to support passage of the funding measure.

Sen. Rand Paul of Kentucky was the only dissenting vote among Senate Republicans for the 14th time.

Congressional leaders did not immediately respond to questions from UPI as to whether House and Senate members are continuing to negotiate a Fiscal Year 2026 budget or if all efforts are focused only on trying to pass a continuing resolution.

The House-approved continuing resolution favored by most GOP members of Congress would fund the federal government through Nov. 21, which is a little more than two weeks from Tuesday.

A continuing resolution introduced by Senate Democrats would have funded the federal government through Oct. 31 and no longer would be in effect.

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Races to watch: N.Y. mayor, N.J. and Virginia governor

Voters were casting ballots in high-stakes elections on both coasts Tuesday, including for mayor of New York, new congressional maps in California and governor in both New Jersey and Virginia, states whose shifting electorates could show the direction of the nation’s political winds.

For voters and political watchers alike, the races have taken on huge importance at a time of tense political division, when Democrats and Republicans are sharply divided over the direction of the nation. Despite President Trump not appearing on any ballots, some viewed Tuesday’s races as a referendum on him and his volatile second term in the White House.

In New York, self-described democratic socialist Zohran Mamdani, 34, was favored to win the mayoral race after winning the Democratic ranked-choice mayoral primary in June. Such a result would shake up the Democratic establishment and rile Republicans in near equal measure, serving as a rejection of both former Gov. Andrew Cuomo, a more establishment Democrat and Mamdani’s leading opponent, and Trump, who has warned that a Mamdani win would destroy the city.

On the eve of voting Monday, Trump threatened that a Mamdani win would disrupt the flow of federal dollars to the city, and took the dramatic step of endorsing Cuomo over Curtis Sliwa, the Republican in the race.

“If Communist Candidate Zohran Mamdani wins the Election for Mayor of New York City, it is highly unlikely that I will be contributing Federal Funds, other than the very minimum as required, to my beloved first home, because of the fact that, as a Communist, this once great City has ZERO chance of success, or even survival!” Trump wrote on his Truth Social platform Monday.

A vote for Sliwa “is a vote for Mamdani,” he added. “Whether you personally like Andrew Cuomo or not, you really have no choice. You must vote for him, and hope he does a fantastic job. He is capable of it, Mamdani is not!”

Mamdani, a Ugandan-born naturalized U.S. citizen and New York state assemblyman who already defeated Cuomo once in the primary, has promised a brighter day for New Yorkers with better public transportation, more affordable housing and high-quality childcare if he wins. He has slammed billionaires and some of the city’s monied interests, which have lined up against him, and rejected the “grave political darkness” that he said is threatening the country under Trump.

He also mocked Trump’s endorsement of Cuomo — calling Cuomo Trump’s “puppet” and “parrot.”

Samantha Marrero, a 35-year-old lifelong New Yorker, lined up with more than a dozen people Tuesday morning at her polling site in the Greenpoint neighborhood of Brooklyn to cast her vote for Mamdani, whom she praised for embracing people of color, queer people and other communities marginalized by mainstream politicians.

Marrero said she cares deeply about housing insecurity and affordability in the city, but that it was also “really meaningful to have someone who is brown and who looks like us and who eats like us and who lives more like us than anyone we’ve ever seen before” on the ballot. “That representation is really important.”

Andrew Cuomo stands next to a ballot box.

New York mayoral candidate Andrew Cuomo speaks to reporters as he marks his ballot in New York on Tuesday.

(Richard Drew / Associated Press)

And she said that’s a big part of why people across the country are watching the New York race.

“We’re definitely a beacon in this kind of fascist takeover that is very clearly happening across the country,” she said. “People in other states and other cities and other countries have their eyes on what’s happening here. Obviously Mamdani is doing something right. And together we can do something right. But it has to be together.”

Elsewhere on the East Coast, voters were electing governors in both Virginia and New Jersey, races that have also drawn the president’s attention.

In the New Jersey race, Trump has backed the Republican candidate, former state Rep. Jack Ciattarelli, over the Democratic candidate, Rep. Mikie Sherrill, whom former President Obama recently stumped for. Long a blue state, New Jersey has been shifting to the right, and polls have shown a tight race.

In the Virginia race, Trump has not endorsed Republican candidate Lt. Gov. Winsome Earle-Sears by name, but has called on voters to “vote Republican” and to reject the Democratic candidate, former Rep. Abigail Spanberger, a 46-year-old former CIA officer whom Obama has also supported.

“Why would anyone vote for New Jersey and Virginia Gubernatorial Candidates, Mikie Sherrill and Abigail Spanberger, when they want transgender for everybody, men playing in women’s sports, High Crime, and the most expensive Energy prices almost anywhere in the World?” Trump recently wrote on Truth Social, repeating some of his favorite partisan attacks on Democrats from the presidential campaign trail last year.

At a rally for Spanberger in Norfolk, Va., over the weekend, Obama put the race in equally stark terms — as part of a battle for American democracy.

“We don’t need to speculate about the dangers to our democracy. We don’t need to wonder about whether vulnerable people are going to be hurt, or ask ourselves how much more coarse and mean our culture can become. We’ve witnessed it. Elections do matter,” Obama said. “We all have more power than we think. We just have to use it.”

Voting was underway in the states, but with some disruptions. Bomb threats disrupted voting in some parts of New Jersey early Tuesday, temporarily shutting down a string of polling locations across the state before law enforcement determined the threats were hoaxes.

In California, voters were being asked to change the state Constitution to allow Democrats to redraw congressional maps in their favor through 2030, in order to counter similar moves by Republicans in red states such as Texas.

Leading Democrats, including Obama and Gov. Gavin Newsom, have described the measure as an effort to safeguard American democracy against a power grab by Trump, who had encouraged the red states to act, while opponents of the measure have derided it as an anti-democratic power grab by state Democrats.

Trump has urged California voters not to cast ballots by mail or to vote early, arguing such practices are somehow “dishonest,” and on Tuesday morning suggested on Truth Social that Proposition 50 itself was unconstitutional.

“The Unconstitutional Redistricting Vote in California is a GIANT SCAM in that the entire process, in particular the Voting itself, is RIGGED,” Trump wrote, without providing evidence of problems. “All ‘Mail-In’ Ballots, where the Republicans in that State are ‘Shut Out,’ is under very serious legal and criminal review. STAY TUNED!”

Both individually and collectively, the races are being closely watched as potential indicators of political sentiment and enthusiasm going into next year’s midterm elections, and of Democrats’ ability to get voters back to the polls after Trump’s decisive win over former Vice President Kamala Harris last year.

Voters, too, saw the races as having particularly large stakes at a pivotal moment for the country.

Michelle Kim, 32, who has lived in the Greenpoint neighborhood of Brooklyn for three years, stood in line at a polling site early Tuesday morning — waiting to cast her vote for Mamdani.

Kim said she cares about transportation, land use and the rising cost of living in New York, and appreciated Mamdani’s broader message that solutions are possible, even if not guaranteed.

“My hope is not, like, ‘Oh, he’s gonna solve, like, all of our issues,’” she said. “But I think for him to be able to represent people and give hope, that’s also part of it.”

Lin reported from New York, Rector from San Francisco. Times staff writer Jenny Jarvie in Atlanta contributed to this report.

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‘Civil war in the Democratic Party’: Andrew Cuomo votes in NYC election | Donald Trump

NewsFeed

Independent New York City mayoral candidate Andrew Cuomo said President Donald Trump would cut through Democratic rival Zohran Mamdani “like a hot knife through butter” after voting in Manhattan on Tuesday. Cuomo, trailing in polls, warned of a “civil war” in the Democratic Party.

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Supreme Court’s conservatives face a test of their own in judging Trump’s tariffs

The Supreme Court’s conservatives face a test of their own making this week as they decide whether President Trump had the legal authority to impose tariffs on imports from nations across the globe.

At issue are import taxes that are paid by American businesses and consumers.

Small-business owners had sued, including a maker of “learning toys” in Illinois and a New York importer of wines and spirits. They said Trump’s ever-changing tariffs had severely disrupted their businesses, and they won rulings declaring the president had exceeded his authority.

On Wednesday, the justices will hear their first major challenge to Trump’s claims of unilateral executive power. And the outcome is likely to turn on three doctrines that have been championed by the court’s conservatives.

First, they say the Constitution should be interpreted based on its original meaning. Its opening words say: “All legislative powers … shall be vested” in Congress, and the elected representatives “shall have the power to lay and collect taxes, duties, imposes and excises.”

Second, they believe the laws passed by Congress should be interpreted based on their words. They call this “textualism,” which rejects a more liberal and open-ended approach that included the general purpose of the law.

Trump and his lawyers say his sweeping “Liberation Day” tariffs were authorized by the International Economic Emergency Powers Act, or IEEPA.

That 1977 law says the president may declare a national emergency to “deal with any unusual and extraordinary threat” involving national security, foreign policy or the economy of the United States. Faced with such an emergency, he may “investigate, block … or regulate” the “importation or exportation” of any property.

Trump said the nation’s “persistent” balance of payments deficit over five decades was such an “unusual and extraordinary threat.”

In the past, the law has been used to impose sanctions or freeze the assets of Iran, Syria and North Korea or groups of terrorists. It does not use the words “tariffs” or “duties,” and it had not been used for tariffs prior to this year.

The third doctrine arose with Chief Justice John G. Roberts Jr. and is called the “major questions” doctrine.

He and the five other conservatives said they were skeptical of far-reaching and costly regulations issued by the Obama and Biden administrations involving matters such as climate change, student loan forgiveness or mandatory COVID-19 vaccinations for 84 million Americans.

Congress makes the laws, not federal regulators, they said in West Virginia vs. Environmental Protection Agency in 2022.

And unless there is a “clear congressional authorization,” Roberts said the court will not uphold assertions of “extravagant statutory power over the national economy.”

Now all three doctrines are before the justices, since the lower courts relied on them in ruling against Trump.

No one disputes that the president could impose sweeping worldwide tariffs if he had sought and won approval from the Republican-controlled Congress. However, he insisted the power was his alone.

In a social media post, Trump called the case on tariffs “one of the most important in the History of the Country. If a President is not allowed to use Tariffs, we will be at a major disadvantage against all other Countries throughout the World, especially the ‘Majors.’ In a true sense, we would be defenseless! Tariffs have brought us Great Wealth and National Security in the nine months that I have had the Honor to serve as President.”

Solicitor Gen. D. John Sauer, his top courtroom attorney, argues that tariffs involve foreign affairs and national security. And if so, the court should defer to the president.

“IEEPA authorizes the imposition of regulatory tariffs on foreign imports to deal with foreign threats — which crucially differ from domestic taxation,” he wrote last month.

For the same reason, “the major questions doctrine … does not apply here,” he said. It is limited to domestic matters, not foreign affairs, he argued.

Justice Brett M. Kavanaugh has sounded the same note in the past.

Sauer will also seek to persuade the court that the word “regulate” imports includes imposing tariffs.

The challengers are supported by prominent conservatives, including Stanford law professor Michael McConnell.

In 2001, he and John Roberts were nominated for a federal appeals court at the same time by President George W. Bush, and he later served with now-Justice Neil M. Gorsuch on the U.S. 10th Circuit Court of Appeals in Denver.

He is the lead counsel for one group of small-business owners.

“This case is what the American Revolution was all about. A tax wasn’t legitimate unless it was imposed by the people’s representatives,” McConnell said. “The president has no power to impose taxes on American citizens without Congress.”

His brief argues that Trump is claiming a power unlike any in American history.

“Until the 1900s, Congress exercised its tariff power directly, and every delegation since has been explicit and strictly limited,” he wrote in Trump vs. V.O.S. Selections. “Here, the government contends that the President may impose tariffs on the American people whenever he wants, at any rate he wants, for any countries and products he wants, for as long as he wants — simply by declaring longstanding U.S. trade deficits a national ‘emergency’ and an ‘unusual and extraordinary threat,’ declarations the government tells us are unreviewable. The president can even change his mind tomorrow and back again the day after that.”

He said the “major questions” doctrine fully applies here.

Two years ago, he noted the court called Biden’s proposed student loan forgiveness “staggering by any measure” because it could cost more than $430 billion. By comparison, he said, the Tax Foundation estimated that Trump’s tariffs will impose $1.7 trillion in new taxes on Americans by 2035.

The case figures to be a major test of whether the Roberts court will put any legal limits on Trump’s powers as president.

But the outcome will not be the final word on tariffs. Administration officials have said that if they lose, they will seek to impose them under other federal laws that involve national security.

Still pending before the court is an emergency appeal testing the president’s power to send National Guard troops to American cities over the objection of the governor and local officials.

Last week, the court asked for further briefs on the Militia Act of 1908, which says the president may call up the National Guard if he cannot “with the regular forces … execute the laws of the United States.”

The government had assumed the regular forces were the police and federal agents, but a law professor said the regular forces in the original law referred to the military.

The justices asked for a clarification from both sides by Nov. 17.

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Volunteers race to preserve U.S. history ahead of Trump edicts

A famous Civil War-era photo of an escaped slave who had been savagely whipped. Displays detailing how more than 120,000 U.S. citizens of Japanese ancestry were forcibly imprisoned during WWII. Signs describing the effects of climate change on the coast of Maine.

In recent months, a small army of historians, librarians, scientists and other volunteers has fanned out across America’s national parks and museums to photograph and painstakingly archive cultural and intellectual treasures they fear are under threat from President Trump’s war against “woke.”

These volunteers are creating a “citizen’s record” of what exists now in case the administration carries out Trump’s orders to scrub public signs and displays of language he and his allies deem too negative about America’s past.

Hundreds of Japanese–Americans were forcibly incarcerated at Manzanar in the Owens Valley during World War II.

More than 120,000 people of Japanese ancestry were forcibly relocated and incarcerated in camps during World War II, including these Japanese Americans seen at Manzanar in the Owens Valley in 1942.

(LA Library)

“My deepest, darkest fear,” said Georgetown University history professor Chandra Manning, who helped organize an effort dubbed Citizen Historians for the Smithsonian, is that the administration plans to “rewrite and falsify who counts as an American.”

In March, Trump issued an executive order entitled “Restoring Truth and Sanity to American History” arguing that, over the past decade, signs and displays at museums and parks across the country have been distorted by a “widespread effort to rewrite our Nation’s history,” replacing facts with liberal ideology.

“Under this historical revision,” he wrote, “our Nation’s unparalleled legacy of advancing liberty, individual rights, and human happiness is reconstructed as inherently racist, sexist, oppressive, or otherwise irredeemably flawed.”

He ordered the National Parks Service and The Smithsonian to scrub their displays of content that “inappropriately disparages Americans” living or dead, and replace it with language that celebrates the nation’s greatness.

The Collins Bible at the National Museum of African American History and Culture in Washington, DC.

The Collins Bible — a detailed family history recorded by Richard Collins, a formerly enslaved man — is seen at the National Museum of African American History and Culture in Washington, D.C.

(Kent Nishimura/Los Angeles Times)

That’s when Manning’s colleague at Georgetown University, James Millward, who specializes in Chinese history, told her, “this seems really eerie,” Manning recalled. It reminded him of the Chinese Communist Party’s dictates to “tell China’s story well,” which he said was code for censorship and falsification.

So the professors reached out to friends and discovered that there were like-minded folks across the country working like “monks” in the Middle Ages, who painstakingly copied ancient texts, to photograph and preserve what they regarded as national treasures.

“There’s a human tradition of doing exactly this,” Manning said. “It feels gratifying to be a part of that tradition, it makes me feel less isolated and less alone.”

Jenny McBurney, a government documents librarian at the University of Minnesota, said she found Trump’s language “quite dystopian.” That’s why she helped organize an effort called Save Our Signs, which aims to photograph and preserve all of the displays at national parks and monuments.

The sprawling network includes Manzanar National Historic Site, where Japanese American civilians were imprisoned during the Second World War; Fort Sumter National Monument, where Confederates fired the first shots of the Civil War; Ford’s Theater National Historic Site in Washington, D.C., where Abraham Lincoln was assassinated; and the Martin Luther King, Jr. National Historic Park.

It would be difficult to tell those stories without disparaging at least some dead Americans — such as the assassins John Wilkes Booth and James Earl Ray — or violating Trump’s order to focus on America’s “unmatched record of advancing liberty, prosperity and human flourishing.”

At Acadia National Park in Maine, where the rising sun first hits the U.S. coast for much of the year, signs describing the effect of climate change on rising seas, storm surge and intense rain have already been removed.

McBurney doesn’t want volunteers to try to anticipate the federal government’s next moves and focus only on displays they think might be changed, she wants to preserve everything, “good, bad, negative or whatever,” she said in a recent interview. “As a librarian, I like complete sets of things.”

And if there were a complete archive of every sign in the national park system in private hands — out of the reach of the current administration — there would always be a “before” picture to look back at and see what had changed.

“We don’t want this information to just disappear in the dark,” McBurney said.

Another group, the Data Rescue Project, is hard at work filling private servers with at-risk databases, including health data from the Centers for Disease Control, climate data from the Environmental Protection Agency and the contents of government websites, many of which have been subject to the same kind of ideological scrubbing threatened at parks and museums.

Both efforts were “a real inspiration,” Manning said, as she and Millward pondered what they could do to contribute to the cause.

Then, in August, apparently frustrated by the lack of swift compliance with its directives, the Trump administration sent a formal letter to Lonnie G. Bunch III, the first Black Secretary of the Smithsonian, setting a 120-day limit to “begin implementing content corrections.”

Days later, President Trump took to Truth Social, the media platform he owns, to state his case less formally.

“The Smithsonian is OUT OF CONTROL,” he wrote, “everything discussed is how horrible our Country is, how bad Slavery was, and how unaccomplished the downtrodden have been.”

Even though the Smithsonian celebrates American astronauts, military heroes and sports legends, Trump complained that the museums offered nothing about the “success” and “brightness” of America, concluding with, “We have the “HOTTEST” Country in the World, and we want people to talk about it.”

People visit the Smithsonian Museum of American History on the National Mall in Washington, April 3, 2019.

People visit the Smithsonian Museum of American History on the National Mall in Washington.

(Pablo Martinez Monsivais / Associated Press)

Immediately, Manning and Millward knew where they would focus.

They sent emails to people they knew, and reached out to neighborhood listservs, asking if anyone wanted to help document the displays at the 21 museums that make up the Smithsonian Institution — including the American History Museum and the Natural History Museum — the National Zoo and the United States Holocaust Memorial Museum.

Within about two weeks, they had 600 volunteers. Before long, the group had grown to over 1,600, Manning said, more people than they could assign galleries and exhibitions to.

“A lot of people feel upset and kind of paralyzed by these repeated assaults on our shared resources and our shared institutions,” Manning said, “and they’re really not sure what to do about it.”

With the help of all the volunteers, and a grad student, Jessica Dickenson Goodman, who had the computer skills to help archive their submissions, the Citizen Historians project now has an archive of over 50,000 photos and videos covering all of the sites. They finished the work Oct. 12, which was when the museums closed because of the government shutdown.

After several media outlets reported on the order to remove the photo of the whipped slave from the Fort Pulaski National Monument in Georgia — citing internal emails and people familiar with deliberations who spoke on the condition of anonymity because they were not authorized to comment publicly — administration officials described the reports as “misinformation” but declined to specify which part was incorrect.

A National Parks Service spokesperson did not respond to requests for comment for this story.

But the possibility that the administration is considering removing the Scourged Back photo is precisely what has prompted Manning, and so many others, to dedicate their time to preserving the historical record.

“I think we need the story that wrong sometimes exists and it is possible to do something about it,” Manning said.

The man in the photo escaped, joined the Union army, and became part of the fight to abolish slavery in the United States. If a powerful image like that disappears from public display, “we rob ourselves of the reminder that it’s possible to do something about the things that are wrong.”

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